Personal Representative’s Discretion to Sell Estate Assets Before Distribution

| November 4, 2015

In Florida, laws exist creating temporary ownership of a decedent’s property in an estate.  An estate is legally a separate entity, and is administered by a Court-appointed personal representative. At the exact moment of death, legal ownership instantly moves from the person who has passed away to their “estate.” Everything titled in the decedent’s name goes into the […]

Can Personal Representatives of Florida Estates Be Held Liable For The Damages They Cause?

| May 27, 2015

Florida probate law protects both the personal property and real estate holdings of anyone who passes away in the State of Florida by immediately creating a legal “estate.” The estate acts as legal owner of all that property immediately upon the individual’s passing, and until another legal action (such as a probate judge’s ruling or […]

My Sibling And I Can Never Agree On Anything: How Can I Get My Family Member Removed As Personal Representative Of Mom’s or Dad’s Estate?

| May 20, 2015

When a mother or father does their estate planning and drafts their Last Will and Testament (along with Trusts, etc.), its understandable that when they think of the person they trust the most to deal with distributing their property after their passing, that mom or dad will consider their children first. After all, who better […]

Florida Probate Lawyer Costs and the Attorneys’ Fees Statute in Florida

| March 10, 2015

One of the biggest questions involved in probating someone’s estate after their passing is how much will the probate process before a Florida Probate Court itself cost? There are variables here depending upon each case, of course. Different kinds of property may involve unique expenses. Having investments in other states or foreign countries can warrant […]

Florida Inheritance: If You Didn’t Inherit Under the Will, Can You Sue the Lawyer Who Wrote It? Maybe.

| April 8, 2014

Last month, we posted about what happens here in Florida when someone believes that they are going to inherit something, money – property – jewelry – heirlooms, and then learns that the Will states otherwise.  In some situations, Florida law grants heirs or beneficiaries with the right to sue the person (or persons) that they […]

Tortious Interference With An Inheritance or Expectancy — Can You Sue When You Fail to Inherit Under a Florida Will?

| March 11, 2014

In Florida, unlike some other states, there is case precedent on the books (court opinions) which establishes the legal right for someone to sue and win a claim that their expected inheritance was illegally interfered with by the defendant, despite the language of the probate documents and the fact that they did not inherit under […]

In Florida, Joint Tenancy With Right of Survivorship as an Estate Planning Tool to Avoid Probate: What Are The Risks in This Form of Florida Joint Ownership?

| December 26, 2013

Florida law allows two people (think a husband and wife, or a parent and child) the ability to own Florida property together as joint owners in several ways, one of which is known as the “joint tenancy with right of survivorship.” The Joint Tenancy With Right of Survivorship (JTWROS) is familiar to bankers, lawyers, CPAs, […]

Florida Court Rules Palm Beach’s Ruth Perelman Estate Will Be Probated in Pennsylvania: The First to File Lesson For Those Owning Homes in Florida and Elsewhere

| December 19, 2013

This is a story about Ruth Perelman who executed a Last Will and Testament in 2010 and died in July 2011 leaving two sons, Jeffrey and Ronald. A few weeks ago, the Fourth District Court of Appeals here in Florida made national news when it published its decision about where the late Ruth Perelman’s estate […]

Deathbed Marriages in Florida: Why This is a Recipe For An Undue Influence and Will Contest Claim Against the Surviving Spouse

| November 21, 2013

Quick marriages or secret weddings close to someone’s death, particularly when they are of a certain age, aren’t just the stuff of murder mysteries — they happen more often than many people realize; so much so, in fact, that the Florida Legislature actually addressed the issue a few years ago and passed a special law […]

Florida Wills: What Are The Basic Requirements for a Valid Will Under Florida Law? – Are You Sure Your Last Will and Testament Will Be Respected by Florida Probate Courts?

| October 10, 2013

Florida law has some basic requirements for a Will to be considered a valid in the State of Florida; without these requirements being met, no Florida probate court judge will admit the Will to probate. This is true no matter how many witnesses come to the judge and explain that the decedent believed the Will […]